Agenda item

The Council is asked to consider a report on the above submitted to it by the Community Leadership Overview and Scrutiny Committee.

Council recalled that, at its meeting held on 21 January 2020 (Minute 76 referred), it had considered the following motion which had been submitted by Councillor S A Honeywood pursuant to the provisions of Council Procedure Rule 12:-

 

“Fireworks are used by many people throughout the year to mark different events. While they can bring much enjoyment to some people, they can also cause significant problems and fear for other people and animals.

 

This Council therefore resolves:

 

•   to require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people;

•   to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people — including the precautions that can be taken to mitigate risks; and

•   to encourage local suppliers of fireworks to stock “quieter” fireworks for public display.”

 

Council hadresolved that consideration of Councillor Honeywood’s motion be deferred and that the motion be referred to the Community Leadership Overview and Scrutiny Committee for it to be fully investigated in all of its aspects.

 

Councillor Honeywood’s motion had been duly submitted to the Community Leadership and Partnerships Committee at its meeting held on 28 September 2020.

 

At that meeting the Committee heard that with the onset of the latter half of the year a number of events were traditionally marked with firework displays and from mid-October until the end of the year firework sales took place from supermarkets, some convenience stores and a growing number of temporary specialist shops. Furthermore, this year organisers of firework events would have had regard to the precautions necessary to reduce the risk of transmission of COVID-19 at gatherings in outdoor areas. It was reported that Fireworks could only be sold at certain times of the year, namely:

 

• from 15 October to 10 November;

• from 26 December to 31 December;
• the first day of Chinese New Year and the 3 days before it; and
• the first day of Diwali and the 3 days before it.

 

Members were informed that a licence from ECC, issued under the Explosives Regulations 2014, was required in order to store up to 2 tonnes of explosives. The sale of fireworks outside of the dates above required an all year round sellers’ licence in addition to the storage licence.

 

Fireworks and bonfire displays for various celebrations had in some instances been the cause of injuries to those attending.  Furthermore, disturbance could be caused to local residents’ families and pets and animal based businesses such as riding schools, kennels and catteries.  A District wide promotional campaign and advance publicity of organised displays might help to reduce such injuries and disturbance. It was thus timely to consider the benefits of a campaign to remind the public and organisers of local events about the precautions that should be taken to reduce risk of injury and disturbance to the local area.

 

It was thus timely to consider the benefits of a campaign to remind the public and organisers of local events about the precautions that should be taken to reduce risk of injury and disturbance to the local area.   In order to organise a display for a charitable or business purpose the person in charge should be able to competently carry out a risk assessment in order to fully consider the hazards to the safety of people attending or working on the site and the control measures that would be necessary to reduce the risks of injury as far as was reasonably practicable.

 

The Committee was made aware that:

 

·           Officers from the Council’s environmental health department were authorised to take formal action regarding breaches of the Health and Safety at Work, etc. Act 1974 regarding risks to health and safety and the Environmental Protection Act 1990 in relation to statutory nuisance from noise disturbance. As firework displays were often one off events it was extremely difficult to take action in respect of noise disturbance.

 

·           The sale of fireworks, including any product safety issue, was regulated by the Trading Standards team at Essex County Council. Any campaign led by TDC could be run in partnership therefore with Trading Standards.

 

·           Where the display included the sale of alcohol or any other licensable activity or  was located on licensed premises the person in control of the activity must have had regard to the four licensing objectives of the Licensing Act 2003 namely –

 

1.  Prevention of crime and disorder.

2.  Public safety.

3.  Prevention of public nuisance.

4.  Protection of children from harm.

 

·                For single events where up to 500 people  were involved (spectators and staff included) a Temporary Event Notice  would be required  but if greater numbers of people  were involved the event could be referred to the Tendring Safety Advisory Group which was  made up of representatives from HSE, Essex County Council,  Essex Fire & Rescue Service and Essex Police.

 

·           Advance notice of public firework displays would allow more time for local residents to take their own measures to minimise disturbance to young children and pets and for businesses to put measures in place to reduce stress to animals kept on their premises. The Council did not have any statutory powers to require the advance advertising of public displays but could, via various media channels, encourage the advertising of events.

 

The Council had a presence on social media sites for disseminating advice and information which had been found to be effective in reaching significant numbers of people in the District and could be used to promote safety measures and mitigation in order to reduce noise disturbance through earlier finishing times and lower noise emitting fireworks and displays.

 

The Community Leadership Overview & Scrutiny Committee had resolved that Council be informed that –

 

a)    the Committee supports Councillor S. Honeywood’s motion to Council in relation to  mitigation measures for the impact of firework displays;

 

b)    the Council should promote responsible approaches to firework displays in relation to the safety of those attending and in order to help to reduce disturbance to local communities including advance public notice of public firework displays;

 

c)    the Council  includes an online questionnaire on  its website to monitor complaints in relation to fireworks; and

 

d)    the Committee adds this matter to its work programme and returns to it  in January 2021 in order to look at the data collected.

 

It was moved by Councillor Chittock that Council –

 

(a)       notes that the Community Leadership Overview and Scrutiny Committee supports Councillor S A Honeywood’s motion to Council in relation to mitigation measures for the impact of firework displays and further notes its suggestions that the Council should promote responsible approaches to firework displays in relation to the safety of those attending and in order to help to reduce disturbance to local communities including advance public notice of public firework displays and the production of an on-line questionnaire;

 

(b)       notes that the promotional campaign and on-line questionnaire suggested by the Community Leadership Overview and Scrutiny Committee would fall to the responsibility of Cabinet and Environmental Health Services; and

 

(c)       receives the Committee’s resolution as an amended motion to be debated first in accordance with Council Procedure Rules 16.5 and 16.10(b).

 

Councillors Clifton, Scott, Cawthron, Harris and M E Stephenson addressed the Council during the debate on Councillor Chittock’s motion.

 

In response to the Chairman of the Council’s query and pursuant to the provisions of Council Procedure Rule 16.6(a), Councillor S A Honeywood indicated that she was content to alter her motion to reflect the content of Councillor Chittock’s motion.

 

Councillor S A Honeywood’s original motion, as now amended, thereupon became the substantive motion.

 

Councillor Morrison then addressed the Council on this matter.

 

The Chairman of the Council then asked Members to indicate whether they supported the substantive motion by remaining silent or whether they were not in favour of supporting the substantive motion by so indicating orally. The Chairman then formally noted that Councillor Cawthron had indicated that he was not in favour of the substantive motion and that Councillor Bush wished to abstain on the matter.

 

It was then, at this point, moved by Councillor Harris and seconded by Councillor Scott that the substantive motion should be further amended by the inclusion of a provision that, in respect of all fireworks events that are referred to the Tendring Safety Advisory Group, the relevant parish council and local Ward Members be included as part of the consultation process.

 

Councillors Clifton, P B Honeywood and Calver addressed the Council during the debate on Councillor Harris’ amendment.

 

It was then moved by Councillor Calver and seconded by Councillor Stock OBE that –

 

(a)       Councillor S A Honeywood’s original motion, as now amended at this meeting, be approved; and

 

(b)       the Community Leadership Overview & Scrutiny Committee be requested to undertake a further examination of the issues surrounding the impact of firework displays on animals and vulnerable people and how that impact could be mitigated and paying particular regard to the matters raised by Members at this meeting with a view to reporting the outcome of that further examination to a future meeting of the Council.

 

In response to a suggestion put forward by the Chairman of the Council and in the light ofCouncillor Calver’s proposed further amendment and pursuant to the provisions of Council Procedure Rule 16.5(e), Councillor Harris indicated that he was content to withdraw his amendment.

 

In response to the Chairman of the Council’s query, Councillor S A Honeywood, as the mover of the original motion, indicated that she was content both with the withdrawal of Councillor Harris’ amendment and Councillor Calver’s proposal.

 

Councillor Calver’s amendment on being put to the vote as the substantive motion was declared CARRIED.